“Blatant Lack Of Care”: Punjab & Haryana HC Denies Anticipatory Bail To Director Of G.L. Public School In Fatal School Bus Accident Case

The accident resulted in the deaths of six students and severe injuries to several others. The school bus was allegedly driven by an intoxicated driver which led to the crash. On the day of the accident, the driver was under the influence of alcohol and was driving the school bus which collided with a tree. The FIR lodged against the driver and others included charges of culpable homicide, negligence, and violations of the Motor Vehicles Act.

A Single Bench of Justice Anoop Chitkara observed, “A laxity of such massive proportion, that led to the loss of lives and limbs of so many children, cannot simply be ignored, looked past, or dismissed. Such a harrowing incident is a profound loss for us all, with its devastating impact on families affected being incalculable. These precious lives cannot be brought back, and those affected will forever bear the physical and mental scars, coping with the associated trauma of colossal magnitude and its bodily after-effects. It is the duty of us all, especially the legal justice system, to ensure a fair and thorough investigation. It is imperative to highlight, identify, and hold accountable all those responsible for bringing about such a catastrophe, not only to serve justice but also to ensure that such a tragedy does not repeat itself due to the mismanagement and negligence of the authorities concerned, under our collective watch.”

Advocate Rohit Suri represented the petitioners, while Addl. A.G. Rajat Gautam appeared for the respondents.

The investigation revealed that the director of the school and other officers of school management knew that the driver was an alcoholic and indulged in drinking liquor frequently. Neither the director nor the school management checked whether the driver was in his senses before going to his duty to pick up the children for school.

“The investigation also revealed that the petitioner was working as the director, supervising the overall work of the school in question. To save money, the petitioner and the owners were using a school bus that was no better than a tumbril. Further, neither the Executive nor the Regulatory bodies found time to inspect the deplorable condition of the bus, a failure that could only be attributed to two possibilities: either the concerned government officials responsible are operating under the false belief of being autocrats, or they are grossly incompetent, apathetic, nonresponsive, and negligent towards the obligations that they owe to the State despite being paid from public funds. Schools are pedestals on which the four pillars of democracy stand,” the Court remarked.

The Court noted the gross negligence by the school management. The Court pointed out that the bus driver was hired without proper background checks or verification of his sobriety. The bus too was in a dilapidated condition and without insurance and was unfit for transporting children.

Consequently, the Court held, “Given the severe nature of the allegations and the reasons proffered by the Investigator for need for petitioner’s custodial interrogation, this Court is convinced that such evidence can only be collected when the petitioner is subjected to custodial interrogation. Even otherwise, considering the petitioner’s blatant lack of care, he is not entitled to anticipatory bail under Section 438 CrPC.”

Accordingly, the High Court dismissed the petition.

Cause Title: Subhash Yadav v. State of Haryana (Neutral Citation: 2024:PHHC:071867)

Appearance:

Petitioner: Advocate Rohit Suri

Respondents: Addl. A.G Rajat Gautam

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